Relates to prohibitions on circus performances; prohibits circuses from conducting shows or other performances in the state for two years where a circus has been found to be in violation or in non-compliance with the Animal Welfare Act of 1966.
STATE OF NEW YORK
________________________________________________________________________
637--A
2015-2016 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2015
___________
Introduced by M. of A. ROSENTHAL, MOYA, ENGLEBRIGHT, BROOK-KRASNY, COOK,
LAVINE, ZEBROWSKI -- Multi-Sponsored by -- M. of A. GOTTFRIED, PERRY
-- read once and referred to the Committee on Economic Development --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the general business law, in relation to the prohibi-
tions on circus performances
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 392-k to read as follows:
3 § 392-k. Prohibitions on circus performances. 1. Definitions. As used
4 in this section:
5 (a) "Animal" includes animals as defined in subdivision one of section
6 three hundred fifty of the agriculture and markets law.
7 (b) "Circus" means any performance of animals where such animals are
8 trained to perform some behavior or action or are part of a show,
9 parade, or performance. Such definition shall not be applicable to
10 not-for-profit corporations which have received 501 (c)(3) exempt status
11 from the Internal Revenue Service.
12 (c) "Deficiency" means an item not in compliance with the animal
13 welfare act, 7 U.S.C. 2131 et seq., and its subsequent amendments, regu-
14 lations and standards adopted pursuant to the act.
15 2. If within the preceding two year period, (a) a circus, including
16 its owners, agents, employees, or representatives, was cited by the
17 United States department of agriculture for a deficiency relating to the
18 care or handling of an animal, or received an official notice of warn-
19 ing, or entered into a stipulation, consent decree, or settlement with
20 the United States department of agriculture pursuant to the animal
21 welfare act, 7 U.S.C. 2131 et seq., and its subsequent amendments, regu-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02528-03-5
A. 637--A 2
1 lations and standards adopted pursuant to the act, relating to the care
2 or handling of an animal, or (b) a circus, including its owners, agents,
3 employees, or representatives, was found guilty of violating the law of
4 any state relating to cruelty to or neglect of an animal owned, leased
5 or in any way used by the circus, or pled guilty to a charge other than
6 the animal cruelty or neglect charge in satisfaction of the animal
7 cruelty or neglect charge, or where the animal cruelty or neglect charge
8 has not resulted in a dismissal on the merits, an application shall be
9 made by the attorney general in the name of the people of the state of
10 New York to a court or justice having jurisdiction by a special proceed-
11 ing to issue an injunction, and upon notice to the defendant of not less
12 than five days, to enjoin and restrain the defendant from using animals
13 in a circus within the state for a period not to exceed two years. In
14 connection with any such proposed application, the attorney general is
15 authorized to take proof and make a determination of the relevant facts
16 and to issue subpoenas in accordance with the civil practice law and
17 rules.
18 3. Nothing in this section shall be construed to limit or restrict any
19 protections afforded to animals under any other law, rule, or regu-
20 lations.
21 § 2. This act shall take effect on the thirtieth day after it shall
22 have become a law.
